problems with mobile phone on contract!
10 months ago i brought a nokia 6500 slide on contract from phones 4 you on vodafone. during the time i have had to take my phone back twice for repair as it just keeps freezing.
it has now started to do the same for the third time. what i'm asking is if anyone knows where i stand in trying to get the phone swapped for a different model? i was very happy with the 6500 slide but starting to get annoyed at going back to the shop every few months.
Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation:
Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
Speak to the manager of the store and have in writing what you want to resolve the issue.
Be calm and dont swear.
Do not threaten to stop your direct debits etc.
Do talk about the small claims courts.
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they've sent the phone away for repair again as it's company policy to try and repair the phone 3 times before a replacement,, personally i think this is wrong!
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